Johnson v. United States Of America
Florida Southern District Court | |
Judge: | James I Cohn |
Referred: | Patrick A White |
Case #: | 0:16-cv-61779 |
Nature of Suit | 510 Prisoner Petitions - Motions to Vacate Sentence |
Cause | 28:2255 Motion to Vacate Sentence |
Case Filed: | Jul 25, 2016 |
Terminated: | Jan 13, 2017 |
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Docket last updated: 4 hours ago |
Tuesday, January 17, 2017 | ||
17 | 17
order
Order Withdrawing Reference/Case No Longer Referred
Tue 01/17 8:43 AM
Case No Longer Referred to Magistrate Judge Patrick A. White/Case Closed by the District Judge. Signed by Magistrate Judge Patrick A. White on 1/17/2017. (br) |
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Friday, January 13, 2017 | ||
16 | 16
order
Order on Motion for Miscellaneous Relief Order Adopting Report and Recommendations
Fri 01/13 11:49 AM
ORDER ADOPTING MAGISTRATE JUDGES REPORT granting14 Motion ; Adopting15 Report and Recommendations. Closing Case. Motions Terminated:14 Unopposed MOTION for Voluntary Dismissal of 2255 Motion filed by Eric Lamont Johnson,15 REPORT AND RECOMMENDATIONS on 28 USC 2255 case re14 Unopposed MOTION for Voluntary Dismissal of 2255 Motion filed by Eric Lamont Johnson Recommending that the Movants motion for voluntary dismissal without prejudice (Cv-DE#14) be. Signed by Judge James I. Cohn on 1/13/2017. (lan) |
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Tuesday, December 27, 2016 | ||
15 | 15
motion
Report and Recommendations
Tue 12/27 12:58 PM
REPORT AND RECOMMENDATIONS on 28 USC 2255 case re14 Unopposed MOTION for Voluntary Dismissal of 2255 Motion filed by Eric Lamont Johnson; Recommending that the Movant's motion for voluntary dismissal without prejudice (Cv-DE#14) be GRANTED, and that the motion to vacate be dismissed, without prejudice, except as to any application of the federal statute of limitations or other procedural defenses which may apply. Objections to R&R due by 1/10/2017. Signed by Magistrate Judge Patrick A. White on 12/27/2016. (br) |
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Thursday, December 22, 2016 | ||
14 | 14
motion
Miscellaneous Relief
Thu 12/22 4:40 PM
Unopposed MOTION for Voluntary Dismissal of 2255 Motion by Eric Lamont Johnson. (Obront, Curt) |
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13 | 13
notice
Notice of Attorney Appearance
Thu 12/22 4:35 PM
NOTICE of Attorney Appearance by Curt David Obront on behalf of Eric Lamont Johnson. Attorney Curt David Obront added to party Eric Lamont Johnson(pty:pla). (Obront, Curt) |
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Thursday, December 08, 2016 | ||
12 | 12
order
- Endorsed Order no pdf attached
Thu 12/08 9:54 AM
PAPERLESS ORDER The government has filed a Response stating that Movants direct appeal of his conviction is currently pending with the Eleventh Circuit and therefore this court is divested of jurisdiction to consider a collateral attack on the validity of the conviction and sentence. (Cv-DE#7). However, careful review of the underlying criminal case indicates that there is no pending appeal. The pending appeal is only as to companion case no. 15-60043 Dimitrouleas. In that companion case, Movant filed a letter requesting re-sentencing, which the court construed as a notice of appeal. See 15-60043 Dimitrouleas; DEs# 21, 22, 23. That same letter, also filed in the underlying criminal case, was not construed as a notice of appeal. Rather, the letter was construed as motion for re-sentencing and was denied. By written order, Movant was advised to raise claims alleging ineffective assistance of counsel in a §2255 motion to vacate. Therefore, the pending appeal, assigned case no. 16-13850 is only as to 15-60043 Dimitrouleas, and not the underlying criminal case, where there is no pending appeal. Moreover, review of the Eleventh Circuits docket in appellate case no. 16-13850 indicates that on December 7, 2016, Johnson filed a motion for voluntary dismissal of his appeal, which remains pending. Accordingly, the Government is ordered to file a supplemental response due by January 8, 2017, properly addressing the merits of the claims raised in Movants Section 2255 motion. Signed by Magistrate Judge Patrick A. White on 12/8/2016. (mde) |
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11 | 11
order
Order on Motion for Referral to Volunteer Attorney Program
Thu 12/08 9:22 AM
PAPERLESS ORDER denying8 Motion for Referral to Volunteer Attorney Program. Signed by Magistrate Judge Patrick A. White on 12/8/2016. (mde) |
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utility
~Util - Set/Reset Deadlines/Hearings
Thu 12/08 12:11 PM
Set/Reset Deadlines/Hearings as per DE 12 : Supplemental Response due by 1/8/2017. (lk) |
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Wednesday, November 23, 2016 | ||
10 | 10
notice
Notice of Change of Address
Mon 11/28 9:25 AM
NOTICE of Change of Address by Eric Lamont Johnson (System Updated) (lan) |
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Monday, November 21, 2016 | ||
9 | 9
notice
Notice of Change of Address
Tue 11/22 9:00 AM
NOTICE of Change of Address by Eric Lamont Johnson (System Updated) (lan) |
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8 | 8
motion
Volunteer Attorney Program
Tue 11/22 8:58 AM
MOTION for Referral to Volunteer Attorney Program by Eric Lamont Johnson. (lan) |
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Tuesday, October 11, 2016 | ||
7 | 7
misc
Response to Order to Show Cause
Tue 10/11 3:53 PM
RESPONSE TO ORDER TO SHOW CAUSE re6 Order to Show Cause, by United States Of America. (Anton, Jodi) |
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Thursday, August 25, 2016 | ||
6 | 6
order
Order to Show Cause
Thu 08/25 12:59 PM
ORDER TO SHOW CAUSE that on or before forty-five days from the date of this order,the respondent shall file a memorandum of fact and law to show cause why this motion should not be granted. Signed by Magistrate Judge Patrick A. White on 8/25/2016. (br) |
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5 | 5
order
Order of Instructions to Pro Se Litigant
Thu 08/25 12:57 PM
INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Patrick A. White on 8/25/2016. (br) |
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Tuesday, August 09, 2016 | ||
4 | 4
notice
Notice of Attorney Appearance
Tue 08/09 3:41 PM
NOTICE of Attorney Appearance by Jodi Anton on behalf of United States Of America. Attorney Jodi Anton added to party United States Of America(pty:dft). (Anton, Jodi) |
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Monday, July 25, 2016 | ||
3 | 3
order
Clerks Notice of Magistrate Judge Assignment
Tue 07/26 8:23 AM
Clerks Notice of Magistrate Judge Assignment to Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19 for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (lrz1) |
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2 | 2
order
Judge Assignment
Tue 07/26 8:22 AM
Judge Assignment to Judge James I. Cohn (lrz1) |
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1 | 1
mot2255
Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255)
Mon 07/25 5:24 PM
MOTION (Complaint) to Vacate/Set Aside/Correct Sentence (2255). NOTE: All further docketing is to be done in the civil case. (Criminal Case # 15-60044 , filed by Eric Lamont Johnson.(lrz1) (Main Document 1 replaced on 7/25/2016) (lrz1) |